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<br /> arises out of or proximately results from the negligence, wrongful act or failure to act of the <br /> <br /> encroaching party or their lessees, tenants, family, invitees, servants, or guests. Neither party <br /> shall not, by any act or omission, undermine the structural integrity the other party's <br /> encroachment. <br /> 5. Bincling Effect. This Agreement shall be binding upon, and shall inure to the <br /> benefit of the parties hereto and their respective heirs, devisees, personal representatives and <br /> assigns. This Agreement shall be deemed a covenant running with the land provided, however, <br /> that nothing herein contained shall be construed as a conveyance by either party of its respective <br /> rights in the fee simple interest of its lot. <br /> 6. Headnotes. The headnotes or captions of each paragraph are for convenience <br /> only and shall not be construed as modifying the context thereof. <br /> IN WITNESS WHEREOF, the parties hereto have executed these presents as of the day <br /> and year first above written. <br /> KRC Building, Inc., a Hawaii corperatiot~ <br /> GLENN G. UCHIMURA, its Vice Presidc:~t <br /> County of Hawaii <br /> By <br /> HARRY KIM, its Mayor <br /> APPROVED AS TO FORM <br /> AND LEGALITY: <br /> GERALD TAKASE <br /> Assistant Corporation Counsel <br /> 5 <br /> . <br /> <br />